Thompson v. Wexford Health Sources Incorporated
3:19-cv-00288
S.D. Ill.Aug 6, 2019Background
- Plaintiff Dennis Thompson, an IDOC inmate at Menard, alleges morbid obesity (≈350 lbs.), degenerative joint disease (DJD) of spine and joints, pelvic spasms causing incontinence, and chronic debilitating pain.
- For over two years Thompson lacked a permanent assistive walking device; medical staff permitted a walker in PT but repeatedly denied permits for continuous use.
- He alleges Dr. Mohammed Siddiqui and medical supervisor Angela Crain delayed/denied diagnostics and treatment (x-rays, MRI, physical therapy) and misrepresented imaging results; Warden Jacqueline Lashbrook allegedly acknowledged problems but refused further care.
- Thompson claims defendants retaliated against him for filing grievances/lawsuits and failed to treat his obesity and food addiction; he also asserts state-law medical malpractice against Siddiqui and Wexford Health Sources, Inc.
- The court conducted a 28 U.S.C. § 1915A review, pleaded and organized six counts (ADA, multiple Eighth Amendment claims, First Amendment retaliation, state malpractice, and municipal liability against Wexford) and permitted Counts 1–6 to proceed against specified defendants.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| ADA denial of walker / accommodations | Failure to provide a walker and appropriate housing violated ADA and worsened his disability/fitness | Medical judgment and resource/permission limitations justify delays or denials | ADA claim may proceed against Lashbrook, Siddiqui, and Crain (court finds Eighth Amendment overlap supports Title II claim) |
| Eighth Amendment deliberate indifference (spine/shoulder) | Siddiqui and Lashbrook knew of serious conditions and provided ineffective or no treatment causing deterioration | Denial based on deference to medical staff and permissible medical judgment; supervisory non-liability without personal involvement | Claim proceeds as pleaded against Siddiqui and Lashbrook (sufficient allegations of objective seriousness and subjective knowledge) |
| First Amendment retaliation for grievances/litigation | Defendants threatened or withheld care because Thompson repeatedly litigated/grieved, deterring protected activity | Deny retaliatory motive; assert medical/prison administration reasons | Retaliation claim proceeds against Siddiqui and Lashbrook (alleged statements and timing suffice at screening) |
| Wexford municipal liability & state malpractice | Wexford maintains policies/customs causing inadequate care; Siddiqui and Wexford committed malpractice/ negligence | Respondeat superior not a § 1983 basis; Wexford contests sufficiency of facts to show custom/policy and malpractice technicalities | State-law malpractice claim and § 1983 policy/custom claim against Wexford proceed; Siddiqui dismissed from the § 1983 municipal claim (duplicative) but remains for other counts |
Key Cases Cited
- Arnett v. Webster, 658 F.3d 742 (7th Cir. 2011) (prison officials may be liable when they know of and disregard risks from inadequate medical care)
- Greeno v. Daley, 414 F.3d 645 (7th Cir. 2005) (defines objective and subjective components of Eighth Amendment medical claims)
- Farmer v. Brennan, 511 U.S. 825 (1994) (deliberate indifference requires knowledge of and disregard of substantial risk)
- Sanville v. McCaughtry, 266 F.3d 724 (7th Cir. 2001) (doctrine of respondeat superior does not apply to § 1983 claims)
- Penn. Dep’t of Corr. v. Yeskey, 524 U.S. 206 (1998) (Title II of the ADA applies to state prisons)
- U.S. v. Georgia, 546 U.S. 151 (2006) (Title II liability may lie where conduct also violates the Eighth Amendment)
- Burks v. Raemisch, 555 F.3d 592 (7th Cir. 2009) (officials entitled to defer to prison medical staff absent reason to suspect mistreatment)
- Petties v. Carter, 836 F.3d 722 (7th Cir.) (subjective inquiry for supervisory liability in Eighth Amendment cases)
- T.E. v. Grindle, 599 F.3d 583 (7th Cir. 2010) (supervisors liable only if they facilitated, condoned, or turned a blind eye)
- DeWalt v. Carter, 224 F.3d 607 (7th Cir. 2000) (filing grievances is protected First Amendment activity)
- Shields v. Illinois Dep’t of Corr., 746 F.3d 782 (7th Cir. 2014) (municipal liability for private prison medical contractor requires proof of policy/custom causing harm)